AMAR BILAS MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in O.J.C. No. 7743 of 1995 calls in question the legality of the order passed by the Director, Higher Education, Orissa, in Annexure -14 rejecting the appeal of the petitioner and confirming the order of the management terminating the services of the petitioner.

(2.) THE case of the petitioner in O.J.C. No. 7743 of 1995 is that Anchalika Mahavidyalaya, Udaypur is a recognised educational institution. The institution had issued an advertisement on 17 -8 -87 for appointment to different posts of lecturer including that of Political Science. The petitioner who had secured 59% of marks in the subject applied for the post and having been selected by the Governing Body joined as lecturer in Political Science in September, 1987. While continuing as such he was also kept in charge of the post of Principal of the College and continued as in -charge Principal till 26th February, 1991. Due to personal difficulties and difference' of opinion with the management, he resigned from the post of Principal and continued as Lecturer in Political Science. As per direction of the management he handed over charge of the office of the Principal to another Lecturer in Oriya namely, Amulya Ghose. On 20th February, 1992 he received a notice from the Secretary of the College to explain as to why disciplinary action would not be taken against him for his willful and deliberate long absence from the duty. After receipt of the notice, the petitioner submitted his reply in letter dated 21 -2 -92 denying the allegations. Again another notice was issued to him on 29 -10 -92 asking him to explain as to why his services shall not be terminated on the allegation that he indulged in political activities and criticised the management and has also shown insubordination to the management. In reply to the said notice also the petitioner submitted his explanation denying the charges. Again a third notice was issued on 19 -11 -92 by the management asking the petitioner to explain as to why he would not be proceeded for gross negligence in duty and insubordination to the Governing Body. To this notice also the petitioner replied stating that the alegations made therein were not correct. While the matter stood thus, the petitioner received a letter from the Secretary of the Governing Body on 10 -2 -93 intimating the petitioner therein that steps are being taken for issuing notice to him relating to termination of his services from the institution and ultimately by letter dated 18 -3 -93 the Secretary of the Governing Body intimated the petitioner that his services were terminated with effect from the said date. Challenging such direction the petitioner approached this Court in O.J.C. No. 8545 of 1994 and while disposing of the writ application this Court by order dated 6 -3 -95 directed the petitioner to file an appeal before the Director, Higher Education. Pursuant to the said direction, the petitioner filed an appeal and the appeal was dismissed in annexure -14. Challenging the termination order of the Governing Body as well as the appellate order the present writ application has been filed.

(3.) THE Governing Body, opposite party No. 3 has filed counter affidavit through its Secretary. In the said counter affidavit it is stated that while the petitioners was kept in charge of the Principal of the college, he failed to discharge his duty properly and remained absent unauthorisedly and even also did not turn up on the reopening day. The college had to remain closed during the tenure of the petitioner as in -charge Principal and while working in the institution the petitioner also worked in another college. Whenever the petitioner was made aware of his conduct, he prayed to be excused and promised not to repeat such activities. Considering the above conduct of the petitioner, the Governing Body after giving him due notice decided to terminate his services and, therefore, there was no illegality in the order of termination.